Last summer, the small British publisher and design company Tank hit on the idea of producing a range of classic books packaged like cigarettes. Abridged works and short stories by Kafka and Conrad, Tolstoy and Kipling, Hemingway and Stevenson, which looked like packs of 20 cigarettes, were duly distributed through bookshops and the Design Museum.

The books, released as Tales to Take Your Breath Away at the start of the cigarette ban in pubs and restaurants last July, were well received by the design press and have made popular Christmas presents. But now the publishers are having to inhale deeply themselves as British American Tobacco (BAT) claims that one of the packs, containing Hemingway's The Snows of Kilimanjaro and The Undefeated, resembles its own Lucky Strike pack. Claiming that such an association could seriously damage the health of the brand, BAT is trying to have the works pulped.

Baker & McKenzie, the London law firm representing BAT, claims the "rectangular device, white background ... circular device and a stripe across the top of the box" are the "dominant and distinctive elements" that belong to Lucky Strike. Furthermore, such packaging "is likely to deceive members of the public to believe that BAT has either endorsed, sponsored or is in some way connected" with the books, a confusion "which can dilute the goodwill in the Lucky Strike brand".

Masoud Golsorkhi, co-founder and creative director of Tank, which is based in London, said: "I had been toying with the idea of using the cigarette packs for some time. When we heard about the smoking ban it seemed like it was now or never.

"I thought that producing a book that was small enough to be easily carried everywhere with you, like a packet of cigarettes, could be a good alternative - and the packaging made it fun."

Golsorkhi said the design also introduced reading to people who did not take in much literature. "All my professional life has been about the image, but without words thinking isn't possible and it saddens me to be working with people in their 20s who are smart but profess to having never read a single book."

He added he was shocked at the idea the books might be pulped. "I am appalled that these great and beautiful books should be destroyed. [BAT's] contention is that we are damaging their business. I suggest that the opposite is true and that they should lighten up."

Many in the design world agree. "The Tank books are a really fun, great idea," said fashion designer Sir Paul Smith, in whose shops the books are sold, "and at least they don't damage your health."

TankBooks responded via its Brighton-based lawyers, Be., to BAT's claims by showing that a large number of cigarette brands have a circular motif similar to that of Lucky Strike. It says members of the public are unlikely to mistake a Hemingway novel for a packet of cigarettes.

A BAT spokeswoman said it was its policy to approach anyone using a design that closely resembled its brands. "In the UK, we operate in an environment where any form of advertising of our product is banned. We also make it very clear that our products are for adults only and should never be marketed to children. We would therefore be concerned if anyone thought we were behind an initiative that aims to spark an interest in fiction for young people by using our brand." She added that BAT always tried to resolve disputes amicably and talks were continuing.